Criminal Procedure Code, 1973, Section 167(2), Indian Penal Code, 1860, Section 304, 34 -- Default bail - Charge sheet not filed within prescribed period - Accused having exercised his right to statutory bail is entitled to grant of same - Bail granted...........
Criminal Procedure Code, 1973, Section 167(2) -- Default bail - Charge sheet filed within prescribed limit and cognizance taken by Court - Accused cannot claim statutory right of default bail merely because some investigation u/s 173(8) Cr.P.C may be required...........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Right of I.O. for further investigation u/s 173(8) Cr.P.C is not taken away only because charge sheet is filed u/s 173(2) Cr.P.C against accused...........
Indian Penal Code, 1860, Section 376, 377, 323, 393, 427, 504, 506, Criminal Procedure Code, 1973, Section 482 -- Rape - Quashing of charge sheet - Accused initially raped victim by making her to consume a contaminated cold drink thereby making unconscious - It was prima facie an act of force without consent - Subsequently, accused had established physical relationship..........
Narcotic Drugs and Psychotropic Substances Act, 1985, Section 36A, Criminal Procedure Code, 1973, Section 167(2), 439 -- Default bail - Contraband - Application for bail filed by accused after the charge sheet has been filed, which extinguished the right of default bail - Special Judge rightly accepted the application for extension of investigation, as special Judge has..........
Criminal Procedure Code, 1973, Section 167(2), Narcotic Drugs and Psychotropic Substances Act, 1985, Section 8(c), 22(c), 22(b) -- Contraband - Default bail - On the date of petition for default bail neither charge sheet filed nor order for extension of time to complete investigation granted - Default bail granted...........
Criminal Procedure Code, 1973, Section 91 -- Production of documents - Defence has no right to invoke S.91 Cr.P.C to prove his innocence - Documents, if necessary and desirable, can be produced by accused or by some other person at the asking of accused at the time of leading his defence - However, if Court is satisfied that there is a document or material of sterling..........
Criminal Procedure Code, 1973, Section 91 -- Production of documents - Application u/s 91 Cr.P.C at the instance of accused would lie even at the stage of framing of charge if accused makes out a case that there is a document or material of sterling quality lying with the I.O, but has not been submitted to the Court along with charge-sheet and such document or material is..........
Criminal Procedure Code, 1973, Section 91 -- Production of documents - Petitioner invoked S.91 Cr.P.C to seek production of CDRs of four mobile numbers and also CCTV footage and fast tag receipts of toll - Neither these documents were available with I.O nor were they sought to be produced before him during investigation - However, application for production of documents to..........
Criminal Procedure Code, 1973, Section 173(8) -- Further investigation - Averments made in the application u/s 173(8) Cr.P.C reveal that victim protested against deletion of charges u/ss 376, 417, 420 IPC - Victim would have to submit a protest petition against charge sheet filed by I.O. in which accused was not put up for trial for said offences - Application seeking..........